STATE OF KARNATAKA Vs. V SEJAPPA

JUDGEMENT

(1.) THE State by Lokayuktha Police Inspector has preferred this appeal challeging the judgment of acquittal passed by the learned Spl. Judge, Chitradurga, by which judgment, the trial Court had acquitted the respondent/accused of the offences punishable under Sections 7, 13 (1) (d) r. /w. Section 13 (2) of the Prevention of Corruption act, 1988 ('p. C. Act' in short ).

(2.) ONE N. Ramakrishna retired on 31-10-1997 as Special Grade Junior Engineer, Well boring Sub-Division of P. W. D. , Chitradurga and he approached the respondent/accused V. Sejappa, who was then working as Asst. Executive engineer in the said office and requested the respondent to issue No Objection certificate which was required to be submitted to the Accountant General's office in order to enable the above said Ramakrishna to get his service benefits namely Leave encashment benefit, D. C. R. G. and settlement of his pension. The complainant ramakrishna approached the respondent in this regard on 9-12-1997 and on the said date, the respondent demanded a sum of Rs. 5,000/-as illegal gratification in order to issue No objection Certificate for doing the official favour to enable the complainant to get his pension and other retirement benefits. The complainant was not willing to give the amount so demanded by the respondent/accused. He therefore lodged a complaint with the Lokayuktha Police on 16-12-1997 and a necessary preparation to trap the accused was made. On 17-12-1997, the complainant went to the office of the accused and between 10. 15 a. m. and 10. 25 a. m. , the accused demanded and accepted illegal gratification of Rs. 5,000/-from the complainant and the police officials who were among the raiding party were successful in trapping the accused and it was found that the accused after accepting the amount of Rs. 5. 000/- kept it in his diary.

(3.) WHEN the Lokayuktha Police raided the office of the accused, they recovered the said amount of Rs. 5,000/- from the accused and the accused also tested positive when his right hand was immersed in the Sodium Carbonate solution. On completion of the investigation and recording of statements of the shadow witness PW-2, PW-8 the Under-Secretary to the Government in connection with the sanction order and PW-12 H. S. Gangadharappa, the I. O. , and other witnesses, charge sheet was submitted against the accused/respondent for the offences as above mentioned.